- Title: UV Backups Introduces Compliant Email Archival Solution (PDF)
- Date: February 7, 2009
- Relevancy: General
- Summary: UV Backups today introduced the industry's most affordable and easy to use email archival solution for small to medium sized businesses (SMBs). With the ability to store up to 80 million emails, UV Backups acts as a secondary email gateway, automatically storing a copy of all inbound and outbound emails, including attachments. Email archives are encrypted and stored offsite, but always available for access through an intuitive Web interface.
- Title: Federal judge in Baltimore rules e-discovery error waives attorney-client privilege (subscription required)
- Source: The Daily Record (Baltimore)
- Date: June 4, 2008
- Relevancy: Legal
- Summary: A federal judge in Baltimore ruled a California company waived attorney-client privilege and other protections by inadvertently turning over 165 electronic documents to opposing counsel in a Maryland lawsuit. "Use of search and information retrieval methodology, for the purpose of identifying and withholding privileged or work-product protected information from production, requires the utmost care in selecting methodology that is appropriate for the task." "... you have to have almost a foolproof system or the state-of-the-art way of doing it." E-discovery record management tools that offer a wide variety of search features would help execute search items as intended, avoiding these types of accidents.
- Title: Industry Research Sheds Light on Corporate Counsel e-Discovery Practices, Concerns and Trends (subscription required)
- Source: Wireless News
- Date: May 16, 2008
- Relevancy: General
- Summary: In-depth research was conducted with professionals from corporate legal departments at Fortune 500 companies. According to the results of this research, over the past 2 years there has been a dramatic transformation in the complexity and management of e-discovery related to litigation and government investigations inside corporations. 39% of respondents indicated that their general counsel has little or no involvement in the management of e-discovery; 61% have completed a litigation readiness assessment - most with the assistance of an outside source; 79% reported working closely with IT. Almost all respondents indicated that while cost was the first selection criteria in selecting a vendor, honesty, integrity, knowledge and trust all ranked higher on the priority scale when it came to the final decision.
- Title: E-discovery compliance starts with records management plan; sloppy documentation retention practices can hurt a company's case
- Source: Business Insurance
- Date: May 5, 2008
- Relevancy: General
- Summary: Companies should implement an e-discovery record management plan as courts have penalized companies for failing to produce electronic records during discovery in litigation. Courts have been more sympathetic to plaintiffs when defendants fail to properly preserve and produce electronic records sought through discovery. Intentional misconduct is not required for a judge to order sanctions; it can be something as simple as sloppy document retention practices or computer settings that automatically delete e-mails. Such a loss of records can make jurors and judges suspicious that the defendant destroyed the information intentionally. Sanctions in many cases have mushroomed to tens of millions of dollars in punitive damages due to failure to produce electronic records.
- Title: Better Email Archiving
- Source: Processor
- Date: May 2, 2008
- Relevancy: General
- Summary: Ideally, an email archiving solution should be installed as a separate addition to the existing infrastructure. This is a recommended best practice as it isolates critical components; any failure in one component will not affect other components. Archiving through a hosted provider is becoming a more common practice. It allows smaller size companies to rely on the host for compliance regulation, storage requirements and security, and to share in the burden of compliance when litigation and risk aversion issues arise.
- Title: Master Sleuths: litigators and consultants now search through gigabytes of data instead of boxes of paper files. Finding, collecting and reviewing all that digital information, however, is a very costly endeavor.
- Source: The Daily Record (Baltimore)
- Date: May 1, 2008
- Relevancy: Legal
- Summary: "Dig through the data" is becoming the new mantra for investigators when dealing with corporate litigation. Any and all digital data can potentially wind up as evidence at trial, and discovery can sometimes eat up as much as 90% of total litigation costs. E-discovery is one of the greatest risks an organization, regardless of size, faces today. Corporations have to worry about the proverbial "smoking gun," when it comes to digital data; they also run the risk of non-compliance with new federal court rules on e-discovery, which can result in costly court sanctions or adverse judgments. In January, Qualcomm, the plaintiff, was ordered to pay $8.6 million dollars to the defendant in their case for failing to disclose ESI. Courts may also allow juries to make an "adverse inference" in cases where a party has failed to produce documents. Damage from discovery lapses go beyond the merely monetary: "We've seen (corporate) reputations rise and fall on the mistakes made in litigation when it comes to discovering e-mail."
- Title: Content/Document Management: E-Discovery: A Way to Paperless Organization
- Source: Insurance Networking News
- Date: April 1, 2008
- Relevancy: Insurance, Legal
- Summary: 93% of insurance companies faced at least one new lawsuit in the past year. Proper document and ESI management is the key to dealing with such legal action. Phoenix Four Inc. and its legal representation were both seriously sanctioned because the court did not feel they had pushed hard enough to find all electronic documentation pertinent to the court action they filed against another party. Many states have a seven-year requirement for keeping insurance files; files kept and maintained digitally and backed up regularly allow insurance companies peace of mind.
- Title: Massive sanction for e-discovery failures offers lessons for lawyers (subscription required)
- Source: Lawyers USA
- Date: February 25, 2008
- Relevancy: General, Legal
- Summary: A recent decision was made to slam attorneys with $8.5 million in sanctions for failing to monitor their client's e-discovery failures. The attorneys were also reported to the state bar for possible disciplinary action. Qualcomm filed the patent lawsuit; during the discovery period, they assured their attorneys no emails pertinent to the case existed. The attorneys failed to perform a search themselves nor did they investigate to be sure Qualcomm had performed a thorough search. In the end, more than 46,000 e-mails were found that were considered relevant to the case.
- Title: E-discovery panel seeks to bring order to the court
- Source: Orlando Business Journal
- Date: February 22, 2008
- Relevancy: Legal
- Summary: The Florida Bar is looking at implementing rules at the state level modeled after the federal laws currently in place for e-discovery.
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